This Letters Patent Appeal against an order rejecting compassionate appointment was dismissed. The court held the appellant was not destitute, being an adult with a wife and two children, and thus independent at the time of his father's death.
Writ appeal dismissed in limine with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1879 of 2011 In
Civil Writ Jurisdiction Case No. 6297 of 2010
====================================================== Santosh Kumar S/o Late Ram Sohawan Sharma Resident of VillageRadhil, P.S- Telhara, (Ekangarsrai), District- Nalanda at Biharshariff. .... .... Petitioner/Appellant/s Versus 1. The State of Bihar Through the Principal Secretary, Personnel & Administrative Reforms Department Govt. of Bihar Patna.
5. 20-07-2012 Feeling aggrieved by the order dated 13th September 2011 passed by the learned single Judge in C.W.J.C No. 6297 of
Patna High Court LPA No.1879 of 2011 (5) dt.20-07-2012
2 / 2
2010, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent.
The appellant is son of late Ram Sohawan Sharma. The said Ram Sohawan Sharma was employed as stenographer in the Civil Court, Nalanda at Biharsharif. He died in harness. Pursuant to his death, the appellant had applied for compassionate appointment as the dependent son of the deceased. His claim was rejected by the Appointment Committee. The challenge to the said order has failed before the learned single Judge. Therefore, this appeal.
The authority below and the learned single Judge has considered the matter and have come to the conclusion that the appellant was not suffering from penury. He is, therefore, not entitled to compassionate employment.
We agree with the learned single Judge. Further it appears that at the time of death of late Ram Sohawan Sharma the appellant was already married having wife and two children.
We are not inclined to believe that the appellant, a grown up man, having his family, was still a dependent on his father at the time of the death of his father late Ram Sohawan Sharma.
No case for interference is made out. Appeal is dismissed in limine .
(R.M. Doshit, CJ)
(Ahsanuddin Amanullah, J)
Prakash/-
1 issue framed by the court
Whether a grown-up son with a family was dependent on a deceased father employed as a stenographer and thus entitled to compassionate appointment.
Santosh Kumar
The State of Bihar Through the Principal Secretary, Personnel & Administrative Reforms Department
The High Court of Judicature at Patna through Registrar General
The Registrar General, Patna High Court
The Registrar (Administration), Patna High Court
The District & Sessions Judge, Nalanda
Chief Justice R.M. Doshit
Ahsanuddin Amanulla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
